KUALA LUMPUR: The Prisons Department will handle the application for a review of the mandatory death or life imprisonment sentences of 1,020 prisoners, according to Ramkarpal Singh, the Deputy Minister in the Prime Minister’s Department of Law and Institutional Reform. The department has been given a 90-day period starting on September 12 to file the applications for all 1,020 prisoners. The department will be responsible for the sorting of prisoners and their case details, as well as preparing the necessary documents to be filed alongside the application. These applications will then be compiled and filed with the courts either manually or through the e-filing system.
Ramkarpal Singh stated that a standardised format for the applications has been developed in collaboration with his office, the Prisons Department, and other authorities to ensure that none of the 1,020 prisoners are overlooked. This mechanism includes a standard application motion supported by a standard supporting affidavit. The aim is to facilitate a smooth application process to ensure that all the cases are filed within the 90-day deadline. However, the courts have the discretion to extend this period if valid reasons are provided. As long as the application is filed within the 90-day period, court proceedings can be conducted at a later date.
The enactment of the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 or Act 847 has paved the way for these applications. Under this Act, the court now has the discretion to impose either the death penalty or imprisonment for a period of not less than 30 years, but not exceeding 40 years. If not sentenced to death, guilty parties will also be punished with a minimum of 12 strokes of whipping.
After the application is filed, prisoners will go through the standard court process, which includes the appointment of a lawyer either chosen by the prisoners themselves, assigned by the court, or provided by the National Legal Aid Foundation. Non-Malaysian prisoners will have discussions with their respective consulates for the appointment of a legal representative. After undergoing the court proceedings, prisoners serving life imprisonment sentences are guaranteed to have their sentences replaced by the courts. However, those facing the death penalty may have their sentences upheld, based on the discretion of the court.
If their sentences are maintained, prisoners on death row will remain in prison as death row inmates. It is important to note that these prisoners will not be executed due to the ongoing moratorium on executions since 2018.
Credit: The Star : News Feed
